DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
3.Regular Mail:MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209,Attention:Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances.
4.Hand-Delivery or Courier:MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director,Office of Standards, Regulations, and Variances.
We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. Individuals who submit comments by hand-delivery are required to check in at the receptionist desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above.
Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that: (1) An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or (2) that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications.
II. Petitions for Modification
Petitioner:Penn View Mining, Inc., 2340 Smith Road, Shelocta, Pennsylvania 15774.
Mine:TJS #6 Mine, MSHA I.D. No. 36-09464, located in Armstrong County, Pennsylvania.
Regulation Affected:30 CFR 75.503 (Permissible electric face equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and cords).
Modification Request:The petitioner requests a modification of the existing standard to permit the cable length to be increased for cable supplying power to two Fletcher Roof Ranger II Roof Bolters. The voltage for these machines is 480-volts, three-phase alternating current.The petitioner states that:(1) The maximum length of the 480-volt trailing cables be increased to 1200 feet when No. 2 American Wire Gauge (AWG) cable is being used, and the maximum length of the 480-volt trailing cable be 950 feet when No. 4 AWG cable is being used; (2) the trailing cables for the 480-volt Fletcher Roof Ranger II Roof Bolters will not be smaller than No. 4 AWG cable; (3) all circuit breakers used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable exceeding 700 feet in length will have instantaneous trip units calibrated to trip at 500 amperes; (4) the trip setting for these circuit breakers will be sealed to ensure that the settings on these breakers cannot be changed, and each one will have permanent legible labels identifying the circuit breakers as being suitable for protecting the cables as listed above; (5) replacement circuit breakers and/or instantaneous trip units used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable will be calibrated to trip at 500 amperes, and this setting will be sealed; (6) all components that provide short-circuit protection will have a sufficient interruption rating in accordance with the maximum calculated fault currents available; (7) during each production day the trailing cables and the circuit breakers will be examined in accordance with all 30 CFR provisions; (8) permanent labels to warn miners not to change or alter the settings of these devices will be installed and maintained on the load center identifying the location of each short-circuit protective device; and (9) if the affected trailing cables are damaged in any way during the shift, the cable will be de-energized and repairs will be made. Persons may review a complete description of petitioner's alternative method and procedures at the MSHA address listed in this notice. The petitioner states that the alternative method will not be implemented until all miners designated to operate the Roof Ranger II or any other person designated to examine the trailing cables or trip settings on the circuit breakers have received proper training.The training for the miners will include the following elements:(1) Training in the hazards of setting the short-circuit interrupting device(s) too high to adequately protect the trailing cables; (2) training on how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained; (3) training in mining methods and operating procedures for protecting the trailing cables against damage; and (4) training in the proper procedures for examining the trailing cables to ensure that the cables are in safe operating conditions by a visual inspection of the entire cable, observing the insulation, the integrity of the splices, and nicks and abrasions. The petitioner further states that within 60 days after the Proposed Decision and Order becomes final, the proposed revisions for its approved 30 CFR part 48 training plan will be submitted to the District Manager. These proposed revisions will specify task training for miners designated to examine the trailing cables for safe operating conditions, and verify that the short-circuit settings of the circuit interrupting device(s) that protect the affecting trailing cables do not exceed the specified setting(s). The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard with no diminution of safety to the miners.
Petitioner:Rosebud Mining Company, 301 Market Street, Kittanning, Pennsylvania 16201.
Mines:Beaver Valley Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania; Clementine Mine, MSHA I.D. No. 36-08862 and Logansport Mine, MSHA I.D. No. 36-08841, located in Armstrong County, Pennsylvania; Little Toby Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Lowry Mine, MSHA I.D. No. 36-09287 and Toms Run Mine, MSHA I.D. No. 36-08525, located in Indiana County, Pennsylvania; Mine 78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania; Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County, Pennsylvania; and Tusky Mine, MSHA I.D. No. 33-04509, located in Tuscarawas County, Ohio.
Regulation Affected:30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment).
Modification Request:The petitioner requests a modification of the existing standard to permit an alternate method of compliance with the firefighting equipment requirement at temporary electrical installations. The petitioner proposes to supply two fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations in lieu of 240 pounds of rock dust. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard with no diminution of safety to the miners.
Petitioner:Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444.
Mine:No. 4 Mine, MSHA I.D. No. 01-01247 and No. 7 Mine, MSHA I.D. No. 01-01401, both located in Tuscaloosa County, Alabama.
Regulation Affected:30 CFR 50.30 (Preparation and submission of MSHA Form 7000-2—Quarterly Employment and Coal Production Report).
Modification Request:The petitioner requests a modification of the existing standard to permit MSHA Form 7000-2 to be completed and submitted within 60 days after the end of each calendar quarter. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by the standard.
Petitioner:AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650.
Mine:Gillhouser Run Mine, MSHA I.D. No. 36-09033, located in Indiana County, Pennsylvania.